Queensland Consolidated Acts

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OMBUDSMAN ACT 2001 - SECT 16

16 What ombudsman may not investigate

(1) The ombudsman must not question the merits of--

(a) a decision, including a policy decision, made by a Minister or Cabinet; or
(b) a decision that the ombudsman is satisfied has been taken for implementing a decision made by Cabinet.

(2) Also, the ombudsman must not investigate administrative action taken by--

(a) a tribunal, or a member of a tribunal, in the performance of the tribunal's deliberative functions; or
(b) a person acting as legal adviser to the State or as counsel for the State in any legal proceedings; or
(c) a member of the police service, if the action may be, or has been, investigated under the Crime and Misconduct Act 2001; or
(d) a police officer, if the officer is liable to disciplinary action, or has been disciplined, under the Police Service Administration Act 1990, part 7 because of the action; or
(e) the auditor-general; or
(f) a mediator at a mediation session under the Dispute Resolution Centres Act 1990; or
(g) a person in a capacity as a conciliator under the Health Rights Commission Act 1991 or the Health Quality and Complaints Commission Act 2006; or
(h) the information commissioner in the performance of the commissioner's functions under the Right to Information Act 2009, section 128, 129, 130 or 131.
Editor's note--
Also, the Government Owned Corporations Act 1993, section 182 (Application of Ombudsman Act 2001) stops this Act from applying to a number of stated matters in relation to statutory GOCs, and the Local Government Act 1993, section 728 (Application of Ombudsman Act 2001) contains a similar provision for corporatised corporations under that Act. The Government Owned Corporations Act 1993, section 182 (Application of Ombudsman Act 2001) totally excludes this Act from application to company GOCs. The Government Owned Corporations Act 1993, section 182 was omitted by 2007 Act No. 10 s 62 sch. The Local Government Act 1993 was repealed by 2009 Act No. 17 s 288.


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